One of the world's great orchestras went on strike this fall, during its music director's final season and days before a European tour. The Cleveland Orchestra's musicians walked out after a performance on September 24. A concert in Ann Arbor and one at Severance Music Center were canceled. By Sunday, September 27, there was a deal, and the orchestra left for Europe that Tuesday. Music director Franz Welser-Möst, in his 25th and final season, stayed out of the fight.
The new three-year contract includes raises of 5% a year. According to the orchestra's release, as reported by Cleveland 19 News, base pay, "which consists of salary and an electronic media guarantee," rises "from $165,516 to $191,620 over the term." The musicians say they won "a voice in our auditions," and extra time off when vacancies leave a section short.
The timing wasn't random. The contract expired August 30. An extension ran to September 23, alongside a unanimous strike authorization. The strike came after the September 24 performance. Here's the federal law behind that clock.
Takeaway #1: The right to strike, and the clock on it
FROM THE RULE
"Nothing in this subchapter, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right."
What it means for you. For private-sector workers covered by the National Labor Relations Act, striking is a protected right. But notice the second half: "limitations or qualifications." The big one is in §8(d). A party that wants to end or change a union contract must serve written notice and then keep the existing terms in place "without resorting to strike or lock-out" for "sixty days after such notice is given or until the expiration date of such contract, whichever occurs later."
Strike too early and the law bites. Under §8(d), an employee who strikes "within any notice period" loses employee status under the Act's key protections, at least until rehired.
That's why the dates matter. The notice date, the 30-day notice to the federal mediation service that §8(d) also requires, and the contract's end date (plus any extension the parties agree to) together set the earliest day a strike is safe. I don't know the exact notices the parties served here; the reporting doesn't say. But the pattern here (contract expires, extension, strike vote, strike) is the clock working the way it's built to.
Your move. If you work under a union contract, know your expiration date and any extension, and don't act on rumors. Your union will tell you when the clock has run.
Takeaway #2: Bargain in good faith, but nobody has to say yes
FROM THE RULE
"to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment ... but such obligation does not compel either party to agree to a proposal or require the making of a concession"
What it means for you. This line explains most labor standoffs. Both sides must show up and bargain honestly. Neither has to give in. The orchestra's CEO, André Gremillet, said before the deal it would be worse "to commit to salaries that we can't afford in the future." Afterward, he said "The outcome at the table was driven by good-faith negotiation, not by the work stoppage." The musicians' negotiating chair, violinist Elayna Duitman, called it "a fair compensation package, a voice in our auditions and improved safety for our musicians."
Look at that pay line again: salary plus an "electronic media guarantee." The devil is in the details. Recordings and streams are part of how a modern orchestra earns, and the musicians' base pay includes a guaranteed piece.
Your move. If you're a guest artist, a venue or a sponsor working with a union ensemble, check your contract for what happens if a strike cancels the date. Most people only read that clause after the show is gone.
Sample wording (our illustration): "If a Performance is canceled due to a strike or lockout, neither party shall be liable for the cancellation, and the parties shall negotiate in good faith to reschedule within twelve (12) months."
And always remember, don't sign it till you read it, my friends.
General information, not legal advice. Reading this doesn't create an attorney-client relationship. Talk to a lawyer or your union before you act on a labor dispute.
